מסמך משפטי: Bodl. MS heb. a 3/7
מסמך משפטי Bodl. MS heb. a 3/7What's in the PGP
- תמונה
- 1 Translation
תיאור
Legal document. Record of release. In the hand of Ḥalfon b. Menashshe. Location: Fustat. Dated: 1125 CE. This document describes release from a partnership in glasswork, explaining that Shemarya ha-Kohen (also known as Abū al-Wafā b. Menashshe ha-Kohen) demanded 9 and 1/6 dinars of his erstwhile partners Yiṣḥaq b. Yehuda and Yiṣḥaq's son Abū al-Karam. Yiṣḥaq gave Shemarya a settlement, andShemariah released him and his son from the partnership. The settlement of the partnership is effected through arbitration (“bederekh peshara”) by a number of “Elders of equity and propriety”. Per Goitein, Jewish courts of the Geniza period generally first sought settlements outside the court. Court decisions themselves not only required the attention of a higher court, such decisions also required an oath (a troublesome process for the court and the community). But a settlement through arbitration did not even require a qinyan. The judges in this case, Avraham b. Shemaʿya and Yiṣḥaq b. Shemuel ha-Sefaradi, are the two “permanent judges” of Fusṭāṭ of the period. (Information from Lieberman, "A Partnership Culture", 12-14)
תגים
Translator: Ackerman-Lieberman, Phillip (in English)
Bodl. MS heb. a 3/7 7 recto
Recto
- These proceedings took place before us—[we, the undersigned … as well as those who signed]
- with us below. Thus: [Mr. Shemariah ha-Kohen]
- known as Abū al-Wafā [b. Manasseh ha-Kohen …]
- Nāqid and demanded of the Elder Abū al-Munā (our) tea(cher) and m(aster) Isaac [the Elder b. (our) tea(cher) and m(aster) Judah]
- the Elder, al-Dimashqī (who) r(ests in) E(den,) nine dinars and a sixth stating t[hat he ...]
- his son Abū al-Karam by way of a partnership (shirka) in manufacture of g[lass …]
- his in al-Naḥḥāsīn, for the sale of copper, and the Elder A[bū al-Wafā] asked us […]
- and we have separated […]
- that to this Elder Abū al-Munā, and he responded to the oath and stat[ed …]
- Elders of equity and propriety by way of settlement. And they attested that [the Elder] this [A]bū al-Munā would p[ay] to this Abū al-Wafā
- ha-Kohen in din[ars …] in a single (payment), and he absolved him of [… all that which he he claim]ed therein,
- and he absolved his son Abū al-Karam […] and others and from all
- claims and demands and from all that which could be defined whatsoever. And the two of them have separated completely.
- Each of them is satisfied with what the Elders have established concerning this. This Elder Abū al-Munā brought
- the dina(rs) which the compromise required of him, and he gave it to Nahrāy the son of Abū al-Wafā for the matter of
- his father. It came to him completely and totally. Then he said to us, “Testify concerning me—I,
- Shemariah ha-Kohen, known as Abū al-Wafā b. Manasseh ha-Kohen (who) r(ests in) E(den). Perform a kinyan with me as of now,
- write and sign on my behalf, using all the appropriate legal formulae and expressions of certainty
- and using all the language of claims, and give it to the Elder, this Abū al-Munā (our) tea(cher) and m(aster) Isaac //the Elder//
- b. (our) tea(cher) and m(aster) Judah the Elder al-Dimashqī (who) r(ests in) E(den), in order that there would be in his hand from this day forward proof and a legal claim
- that I attest before you using the most certain and perfect expressions of affirmation, in my good health
- and freedom of will, willingly, with neither duress nor force nor compulsion, with neither negligence nor error, nor
- defect of illness within me, nor anything of the like from all the factors which nullify testimony, that I have absolved him
- from now, and I have absolved his son Abū al-Karam and all who have recourse to the two of them, from the partnership (shirka) concerning which I am currently suing,
- in which the two of them are obligated, as well as any connection which I could direct against the two of them concerning the capital or concerning the profit,
- (nor a claim of) deception, nor a claim that he trusted him, nor any of the like from all the claims and demands
- and from all the connections and responsibilities which could be directed towards each of the two of them together
- or as individuals, or upon their heirs after them. And (they are released) from everything which proceeded between me and between the two of them
- in this aforementioned partnership (shirka) and in (partnerships) other than this, from all which proceeded between me and between the two of them
- in all types of financial transactions (mu‘āmalāt) of different sorts and types, from the beginning of
- time until now, from all that which could be defined whatsoever, and from all the oaths concerning
- anything therein, grave and simple, and rider oaths and even herem setam;
- a complete, total, effective, terminating, certain release, severing all other claims
- and demands, a release through receipt and acceptance, an irreversible release, with no stipulation
- weakening it and no argument nullifying it, a release from me in my lifetime and from my heirs after me, all of the/m,/
- in his life and to his heirs after him, with the most certain and perfect expressions of release, and as a decree of
- the Sages, since nothing remains for either of them with me—neither a claim nor a demand, nor any connection, and I have
- obligated myself before the two of them to fulfill the release, upon me and upon my heirs after me, with the most certain [guarantees]
- of delivery. And I wrote this document for the two of them that it would be in their hand and in the hand of theirs after them
- upon me and upon my heirs after me, well-ordered, proper and enduring and durable, according to which they will be successful in any court
- of justice, not like formularies or like prototypes of documents, rather as the most certain and most perfect
- of that which was outlined by our Sages (may their) m(emory be) f(or a blessing), in the like. I have [also] nullified [all] secret dispositions and conditions which may be made
- for me and which we have made concerning this document, as a decree of the Sages.
- And we performed a qinyan with Mr. Shemariah ha-Kohen, known as
- this Abū al-Wafā b. al-Nāqid b. Manasseh ha-Kohen (who) r(ests in) E(den) to the Elder Abū al-Munā, (our) tea(cher) and m(aster) Isaac
- the Elder b. Judah the Elder (who) r(ests in) E(den) and to his son, this Abū al-Karam, with an item suitable for doing so,
- concerning all that is written and stipulated above. We wrote and signed (this document) and gave it to this Elder //Abū// [al-Munā]
- in order that there would be in his hand a title of right and proof. That was in the (first) ten-day period of the month of Marḥeshvan of the year 1437
- (of the Era) of Documents, in Fusṭāṭ Egypt, situated on the Nile River. Proper and clear and enduring.
- Abraham b. master Shemaiah the Ḥaver h(e shall) l(ive a) h(appy life,) a(nd his children shall) i(nherit the) l(and), great-grandson of Shemaiah Gaon (who) r(ests in) E(den)
- Isaac b. Samuel the Sefardi (may he) m(erit) l(ife in) the n(ext) w(orld) Blessing above and below Isaac’s name: (I) s(eek refuge) in (You, O) L(ord;) m(ay I) n(ever be) d(isappointed;) a(s You are) r(ighteous,) r(escue me.)